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National Security
Reference:

Identification and prevention of online video (webcam) crimes

Bersenev Evgeny Valer'evich

Student, Department of Operational Investigative Activities, Ural Law Institute of the Ministry of Internal Affairs of Russia

620057, Russia, Sverdlovskaya oblast', g. Ekaterinburg, ul. Korepina, 66

berevgart@mail.ru
Khamidullin Ruslan Sibagatullovich

PhD in Law

Head of the Department of Operational Investigative Activities of Internal Affairs Bodies, Ural Law Institute of the Ministry of Internal Affairs of Russia

620072, Russia, Sverdlovskaya oblast', g. Ekaterinburg, ul. Syromolotova, 7, kv. 11

sledgsugu@mail.ru
Other publications by this author
 

 

DOI:

10.7256/2454-0668.2022.4.37232

EDN:

XKPZQW

Received:

29-12-2021


Published:

12-10-2022


Abstract: The article deals with the issues of both criminal and legal assessment of illegal activities related to the phenomenon of "webcam" and individual problems of identifying and documenting crimes in this sphere. The problems of qualification of criminal activity arising in the course of countering offenses related to this phenomenon are revealed. The peculiarities of conducting operational investigative measures aimed at uncovering the illegal activities of webcam studios (production and trafficking of pornographic materials, child pornography), and a special cluster of relations between subjects within the framework of modern Russian legislation are noted. The author pays special attention to the methodological training of law enforcement officers of the Russian Federation, as well as regular and effective interaction with the information systems of the national central bureaus of the International Criminal Police (Interpol). The novelty of the research lies in the fact that crimes arising in the sphere of limited regulation of the global Internet are a new trend in the transformation of the criminal world. The inability of the legislator and the law enforcement officer to predict the appearance and development of individual phenomena allowed the attackers to successfully build a "gray" webcam business industry. The phenomenon of "webcam" is a logical continuation of the development of public relations related to prostitution, the spread of pornography and sexual exploitation. The legalization of the webcam industry will create an ambiguous situation in which offenders will be able to disguise criminal activity as legitimate, which determines the relevance of the theoretical validity and practical implementation of effective regulatory tools for the activity in question. The improvement of the working methods of units engaged in operational investigative activities is a determining factor for solving the task. Based on the actual methods of committing crimes, the scientific work considers the features of documenting and qualifying the facts of illegal activity related to the phenomenon of Webcam.


Keywords:

webcam, criminal law, information technology, qualification, operational and investigative activities, broadcast, Internet, webcam studio, crime, pornography

This article is automatically translated.

The invention and introduction of remote communication technologies has led to the next stage in the development of public relations and people's interaction with each other. The technology of the Internet has caused a fleeting, quantitative coverage of users of an unprecedented flow of information. Habitual social phenomena have found a comfortable environment for their development and functioning. The social sphere of intimate has also taken a position in the world network [1].

The globalization of the modern world has caused a surge of public censure regarding prostitution. However, having passed the path of transformation and connection with a wide range of computer technologies based on the principles of anonymity, the possibility of interacting with an increased number of Internet users. The most popular principle of the global network is the relative lack of state control. The transition of crime to the digital world is embodied in many aspects that make up the global process [2]. This aspect is represented in the phenomenon of "Webcam".

The webcam industry is a new interpretation of the provision of intimate services in the digital space. The development of information technologies and their large-scale dissemination among the population of the countries made it possible to actively introduce the phenomenon of Webcam into a mass commercial enterprise. With the beginning of the "third wave of webcam development" (the first is the adopted Western experience, the second is a leap in the interest of Russian youth in "fast" money) associated with the COVID–19 epidemic, interest in this phenomenon has increased [3].

The conceptual basis of the phenomenon of "webcam" begins with the very term "webcam". "Webcam" (webcam modeling) is a certain type of provision of services for the purpose of making a profit by broadcasting erotic or pornographic content online with elements of communication, where the model providing the service cannot see the user. Due to the high variability of this phenomenon, there may be some deviations, but the approximation allows you to trace the essence. It represents an average option between prostitution and the creation of pornographic material.

The conceptual apparatus that has developed around this phenomenon is presented in the form of objects, subjects and objects. "Webcam model" ("model") - an individual providing services of erotic or pornographic content, not based on personal likes and attractions, for the purpose of obtaining benefits; "member" - a person (client) using the services of a webcam model; "webcam studio" ("studio") – an organization engaged in attracting models, organizing work and material resources and mediation in obtaining income. The material base includes such elements as a work room, which is equipped, as a rule, with furniture, computer equipment for video broadcasting and lighting. "Webcam room" ("room") is a virtual cell, a separate space on the site for video broadcasting by a model from his personal account. "Token" (may have another name, for example, "dollar" or "credit") is an internal currency bought by members for real money to pay for the services of models.

The problems of scientific research are the relative legislative and technical lack of regulation and regulation by the state, which is clearly expressed in the uncontrolled development and distribution of webcam studios not only in Russia, but throughout the CIS and the world as a whole. Prostitution, websites containing pornographic materials have been restricted and put under control by the state: raids with control purchases, blocking of websites by state authorities have become commonplace. The disclosure of webcam studios are resonant and unpromising cases from the point of view of initiating a criminal case or stopping their activities. Russian jurisprudence on this tap has not yet absorbed the concept of "webcam" and the inherent features of this phenomenon, leaving the right to exist and commercial activity for "studios". Currently, webcam is the main representative of the "gray" business with development prospects.

The subject of the study is criminal law relations and individual problems of detecting crimes related to the phenomenon of "webcam", which are achieved in a comprehensive study, as well as the features of identifying, qualifying and documenting socially dangerous actions related to the phenomenon of "webcam".

For a qualified study of theoretical aspects and analysis of judicial practice, as well as to identify the relevance of criminal law to actions related to the phenomenon of "webcam", it is necessary to consider the IT component of the phenomenon of "webcam".

The recommendation and methodological part of the study is related to the study of the features of information and analytical work in the framework of operational investigative measures; the compilation of documentation methods, in identifying criminal activity related to the phenomenon of "webcam" and the formulation of direct methodological recommendations for the study of the phenomenon of "webcam", the practical implementation of modern techniques and mechanisms.

The ways of carrying out the activities of the webcam industry is excessively variable and mainly represents a segment consisting of large studios. Such webcam studios have in their material and vacant base about 10 rooms for shooting, 50 active webcam models, about 5 technical workers, as well as the owner or owners of the studio. It is possible to attract other service personnel. Beginners or small studios can be limited to one room and the number of no more than ten models and one technician. Self-employment is considered a common phenomenon, i.e. the model organizes the workspace itself.

The webcam industry is one way or another completely based on the use of IT technologies. Standard technical equipment, which is necessary for a fully functioning webcam unit, is common among almost all Internet users and does not cause difficulties in setting up. The technical equipment includes a PC, with the possibility of using its potential to work with multiple sites, as well as a webcam for shooting in a quality that satisfies the user. Specialists who have the skills to organize the technical component of a webcam studio are called administrators. They assist the model in conducting the broadcast, and also have, as a rule, the ability to control the activities of the webcam model.

The phenomenon of "webcam" is based on two basic elements: special webcam sites and electronic payment systems (as well as banks) to ensure payment for services. In addition, let's consider an additional element presented in the form of image search engines (correlation of a person's face).

Modern information technologies have made it possible to organize video communication between the model and the member on the terms of personal confidentiality and personalization of the content provided, as a basic element of the work. Also, through special sites that have open access (with age confirmation in the form of a "tick"), payment for the services of the model is organized, as well as the transfer of these funds to banks for further cashing out.

The work of the model, as previously mentioned, is organized through special sites (Chaturbate.com , streamate.com , livejasmin.com , Flirt4free.com , stripchat.com , xlove.com and others). Technically, for example, Chaturbate is a platform that provides a certain computing infrastructure that allows third parties to develop, configure and run various types of applications through the Application programming Interface (API) [4]. As a rule, the model broadcasts simultaneously on several sites in order to increase audience coverage. A model working in a webcam studio is broadcast on 5-7 sites, and a self-employed model is broadcast on 1-3.

To register on such a site, the main requirement is the presence of the age of majority, which is confirmed by a passport photo and a photo of the model together with the passport. In addition to age restrictions, it is worth emphasizing that each site has certain rules, the observance of which is monitored by moderators. They exercise control over the activity of the rooms both in the general (open) chat (free of charge for each user) and in the private (closed) chat (a paid entrance is required or for the implementation of paid services, since on some sites it is forbidden to expose body parts in the general chat).

The main functionality of webcam sites includes:

•          Creating a webcam room for broadcasting for the model

• Regulation and enforcement of requirements by all users of the site

•          Conversion of real money into the internal currency of the site (purchase of internal currency)

• Payment for webcam model services in domestic currency

•          Conversion of domestic currency into real money by crediting funds to an account in an electronic payment system

• Collection of commission from the purchase and sale (transfer to an account in an electronic payment system) of domestic currency in the amount of approximately 4 to 70%.

Money is "donated" to webcam sites (the product of a voluntary donation, although they are not actually such) by users, but the sites cannot perform the functions of withdrawing and cashing money.

The next element is electronic payment systems (EPS) and banks. EPS creates a virtual account in the United States or the European Union, and then makes a bank transfer (5-8% commission is also withdrawn) to Russian banks for cashing out. For example, the most popular EPS is Paxum, which allows you to transfer funds to any VISA or MASTERCARD card.

As part of the independence of webcam sites, a cryptocurrency is being developed and actively implemented, which will allow circumventing the restrictions created by banks and EPS. The use of blockchain technology makes it possible to introduce the Ethereum cryptocurrency (Ethereum) into the operation of webcam sites [5]. This technological update is being carried out by the Spankchain project, which is a new generation payment system - decentralized online services, the main purpose of which is to introduce technologies that allow making secure, and most importantly anonymous money transfers into the webcam industry [6]. In fact, they are talking about the creation of an independent sphere, the regulation of which will be a relative and extremely time-consuming process.

An additional element is the use of search networks that implement image search (using neural networks or less complex methods) in deanonymizing the personalities of the webcam model. By uploading an image from a webcam model broadcast to a search engine, it is possible to find personal photos of the model, or others previously uploaded to the Internet. By making judgments, it is not difficult to find the personal accounts of the model in social networks, and, consequently, to establish the identity of the model. This method is often used by attackers who, when identifying the identity of the model, demand the redemption of information (under threat of disclosure of information about the participation of the model in the webcam industry) they have.

There are about 60 search engines that allow you to perform the search described above. In particular, it is a popular search service Google, as well as a search service of Russian origin Yandex.

These methods and modern information technologies should also be used by law enforcement agencies to prevent and disclose offenses within the phenomenon of "Webcam". In the context of improving legislation, the desire to regulate this sphere by the legislator is natural. In view of the entry into force of the Federal Law "On Experimental Legal Regimes in the field of digital innovations in the Russian Federation" dated 31.07.2020 No. 258-FZ, on the basis of paragraphs 4-5, Part 2, Article 1, it seems possible to introduce the phenomenon of "Webcam" into the sphere of legislative regulation [7], and on the basis of the described mechanisms of functioning and deanonymization processes to form methodological, theoretical and technical bases for the readiness to ensure compliance with laws.

Legalization of business is an obvious phenomenon for criminal business, so the webcam industry offers a wide network of "immersive theaters", which in essence stimulate a tolerant attitude of the public, as well as erasing the halo of public danger and the potential threat to the national security of "webcam" in such areas:

A number of issues of personal security of webcam models and the safety of their personal data for blackmail, under the pretext of their disclosure to friends, relatives and placement in open access on the Internet;

Distribution of pornography: a) by a group of persons by prior agreement or an organized group; b) using mass media, including information and telecommunication networks (including the Internet); c) with the extraction of large-scale income by broadcasting (which will be disclosed further);

Production of pornographic materials with the participation of minors and its further distribution in "private" rooms on special websites, webcam platforms on the Internet;

Unregistered illegal commercial activity associated with the use of various techniques to conceal their activities from the tax authorities.

The culpability, the public danger of the act is clearly traced in the activities provided for by the webcam. However, at the same time, the question of the theoretically correct qualification of the act associated with the phenomenon of "webcam" was raised.

The Russian criminal legislation did not consider the phenomenon of "webcam" and its inherent features, and therefore, it is not fixed as a crime. Therefore, qualification issues could only be considered by the courts in their own current, while not allowing a contradiction to the current law. Within the framework of the doctrinal interpretation, some scientists tried to solve the problem in their writings, but considered it "the distribution of pornographic video materials in real time using the Internet" [8], "participation in entertainment events of a pornographic nature on the Internet" [9]. Analyzing the technical component, we deduce the acceptability of using the term "online broadcasts", and it is this feature that does not allow the Russian court to qualify "webcam" under Articles 242 of the Criminal Code of the Russian Federation "Illegal production and trafficking of pornographic materials or objects".

Separately considering the criterion of publicity, its undoubted presence can be traced, however, the IT aspect given above made it possible to highlight that anonymity and lack of attachment to a specific identity of a member user, within the framework of a "private" room on a special website, a webcam platform, indicate the impossibility of determining the objective side, namely actions aimed at "mental health population and public morality" within the framework of Article 242 of the Criminal Code of the Russian Federation "Illegal production and trafficking of pornographic materials or objects".

In practical situations, violations in the identification, documentation and qualification by law enforcement officers are focused on an incorrect technical representation of the webcam process, an opinion is created that the organization of fixation on the material carrier of the online broadcast of the speech is entrusted to the webcam model itself, or to the administrator who accompanies the speech. Thus, delusion leads to the initiation of a criminal case under Article 242 of the Criminal Code of the Russian Federation against the latter. The essence of the technical component reveals that the fixation or recording is organized by members (users) (currently, more often on "cloud" storage, less often on their own solid–state or hard drives). Consequently, the correct imputation of criminal liability should be made in relation to depersonalized users according to paragraph b of Part 3 of Article 242 of the Criminal Code of the Russian Federation "committed using mass media, including information and telecommunication networks (including the Internet)". In fact, this approach of bringing to criminal responsibility the user performing the recording, technically and legally, is true, however, for the activities of the "center" (webcam industry) it won't affect you in any way. The culpability, public danger of the actions of webcam studios will not be suppressed [10].

Theoretically, from the side of criminal law, the activity of the "webcam" is proposed to qualify under Article 242 of the Criminal Code of the Russian Federation, provided that the recording of the online broadcast on a tangible medium or "cloud" storage is organized.

Considering the materials of judicial practice in the case of involving a webcam model of a citizen of the CHKA under paragraph "b" of Part 3 of Article 242 of the Criminal Code of the Russian Federation, the investigator of the Ministry of Internal Affairs of the Russian Federation revealed the fact of broadcasting using a special website for "webcam". The practical component, which is also judicial practice, is contradictory. The administrator of the webcam studio and the owner were brought in as witnesses who did not deny the fact that a citizen of the CHKA was conducting an online broadcast without fixing it on a material medium.

Thus, considering the materials of the criminal case, the court of first instance established "to convict a citizen of the CHKA and convict, according to paragraph "b" of Part 3 of Article 242 of the Criminal Code of the Russian Federation to 3 years of imprisonment without deprivation of the right to hold certain positions or engage in certain activities, on the basis of Article 73 of the Criminal Code of the Russian Federation, the sentence imposed is considered conditional with a probation period of 2 year."

In the court of appeal, on the contrary, they satisfied the disagreement of the citizen of the CHKA with the verdict of the court, in connection with which they canceled it, represented by the judicial board.

The main emphasis was directed to the fact that "criminal liability under Article 242 of the Criminal Code of the Russian Federation occurs only for actions related to the production for the purpose of distributing or distributing pornographic materials, in itself the demonstration by one person of the sexual side of his life in real time "online" via the Internet to an indefinite number of persons (for example, the organization of a pornographic show), can be considered as the commission of a criminally punishable act under Article 242 of the Criminal Code of the Russian Federation only on the basis of the conclusion of experts with special knowledge in the field of a number of social sciences" [11].

According to the construction of Article 242 of the Criminal Code of the Russian Federation, intent to distribute is necessary for proper qualification. Thus, the online broadcast of a webcam phenomenon without recording (fixing), or recording, but without the knowledge of the webcam model, on a material carrier, does not imply that the webcam model bears criminal liability. At the same time, the fact of the demonstration of pornographic content is not denied and, according to the conclusion of the forensic examination, is recognized as such. Thus, an examination of pornography is appointed, which is a special type of cultural expertise. During its production, the degree of destructive wagging on psychological health, social adaptation and the procedure for raising children is assessed.

The intent of conducting an online broadcast was recognized by both the owner of the webcam studio and the webcam model itself "from the testimony of both the CHKA himself and the witnesses (the owner and the administrator of the webcam studio), it follows that the convict was interested in remuneration for work, which consisted in communicating with clients on the Internet, fulfilling requests, erotic shows...".

Professor R.D. Sharapov, investigating the phenomena of Internet crime, concluded that "webcam" can be regarded as the commission of a criminal offense under Article 242 of the Criminal Code only on the basis of the conclusion of experts with special knowledge in the field of a number of social sciences.

Based on the results of the theoretical analysis and study of judicial practice regarding the criminal legal characteristics of the phenomenon of "webcam", we draw the following conclusions and recommendations:

1. The person who made this recording, i.e. the member or the administrator of the website or studio, is subject to criminal liability for recording (recording) on a tangible medium or "cloud" storage of the online broadcast of the "webcam".

2. A person who conducts an online webcast without recording (fixing) is not subject to criminal liability.

3. The criterion of public danger does not disappear, and therefore it is necessary to finalize the criminal law, in particular, to establish the moment of committing a crime not from the moment of fixation on a material carrier or "cloud" storage, but from the moment of the beginning of the demonstration to an unspecified person or circle of persons of the contents of the webcam performance using mass media, including information andtelecommunication networks (including the Internet) through special platforms for webcam;

To establish a number of international agreements aimed at the legal regulation of the activities of "webcam", for a uniform qualification, a mechanism for the disclosure and proof of related crimes [12];

To consider the phenomenon of "Webcam" in relation to other articles of the criminal law aimed at countering illegal business activities, as well as from the point of view of disclosure, proof and prevention of offenses caused by the phenomenon of "Webcam" [13].

Carrying out information and analytical work is conditioned by the need to document events and actions performed by employees of internal affairs bodies.

The first stage consists in identifying the fact of illegal activity, with respect to the qualification criteria discussed above. Identification takes place by determining the subject of the crime, as well as the facts of the crime.

The peculiarities of identification and further documentation are manifested in the receipt of information by different variations provided for by operational search measures:

Direct information and analytical search for relevant and operational information on the Internet on the expanses of the sites named in the technical part.

It is also less ambitious, but more specific, to receive information from persons conducting covert cooperation with the internal affairs bodies. The involvement of administrators, models and other participants in the activities of webcam studios in operational search activities allows us to form a holistic picture of the illegal activities of individual subjects, as well as to obtain sufficient evidence base, both for initiating a criminal case, accompanying criminal prosecution, and for providing facts proving guilt with the court during the trial. Thus, a complex procedure for the preparation and implementation of agents is not required, because of their abilities, their search and recruitment remains the main task.

A fairly rare case is information received from relatives, neighbors or webcam models themselves who have become victims of deanonymization (disclosure of activities in the webcam industry). Operational work in this case is reduced to standard procedures and means of conducting operational search activities: inspection of the scene, i.e. in offices-webcam studios, bank statements of models, administrators and owners of webcam studios, electronic systems for converting digital currency into real equivalents (exchangers). The ORM is tasked with the following tasks:

1.         Determining the circle of persons involved in the activities of "webcam", special attention is paid to the presence of minors, ways to attract them to this activity and the presence of facts of sexual exploitation.

2.         Methods of calculating members with a webcam studio are the use of foreign currency / cryptocurrencies / other analogues that represent the possibility of converting them into real money. The establishment of a path, i.e. the use of special sites, the allocation of settlement accounts on electronic payment systems, cryptocurrency markets, cryptocurrency exchangers equated to them.

3.         Checking the availability of communication channels in the case of coordinated broadcasting of child pornography through special sites. Such communication channels can be forums on platforms -.onion, or telegram channels and other means of communication (social networks and other messengers).

4.         Establishment of IP addresses, or, if possible, directly of persons who purchase the services of webcam studios distributing child pornography in the designated way.

5. Collecting all material media, as well as gaining access to "cloud" storage facilities that may contain pornographic materials, followed by linking the recorded material to specific persons performing the recording. Also, to bind persons to personal computers of the webcam studio.

Due to the establishment of the facts of the existence of illegal activity, it becomes technically correct to record all the circumstances that make it possible to establish the event of the crime (time, place, method and other circumstances of the commission of the crime); the guilt of the person in committing the crime, the form of his guilt and motives; the circumstances that contributed to the commission of the crime.

On the basis of the submitted materials, it is necessary to make decisions for further criminal prosecution and proof, as well as the moment for transmitting the results of operational investigative work for inclusion in the criminal case (the stage of initiation of a criminal case, preliminary investigation, or trial on the basis of the Order of the Ministry of Internal Affairs of September 27, 2013 No. 776 "On approval of the Instructions on the procedure for submission results of operational investigative activities to the body of inquiry, investigator or to the court" and in accordance with Article 11 of Federal Law No. 144-FZ of August 12, 1995 "On operational investigative activities". In accordance with the jurisdiction and a wide range of activities of webcam studios, the registration and verification of materials of the pre-investigation check and the adoption of a procedural decision on them (initiation of a criminal case, refusal for lack of corpus delicti, transfer under investigation or territoriality, referral for revision of materials of operational investigative activities) can be made by an investigator or investigator of the internal affairs bodies of the Russian Federation, an investigator of the Investigative Committee of the Russian Federation. The participation of the prosecutor is also possible, if there are reasons for non-disclosure of the results of operational investigative work in the framework of a public criminal case.

According to the first stage, forums and channels on the Internet are monitored, to be more precise, these are often sites with the extension .onion, or specialized telegram channels, for discussions and mailing links to paid or private Internet spaces. Due to the almost complete anonymity, the search process becomes difficult. The ability to hide your identity makes communication between two anonymous subjects the most explicit. In view of this, on various sites and search engines -.onion (aka Darknet), for relevant queries, for example, on XXS is or rutor, or telegram channels with pornography, meet with revelations and personal communication on the topic of "child pornography", "perversions" and other things. After that, it is proposed to go to specialized sites for viewing online broadcasts of prohibited content (child pornography, perversions, etc.).

Monitoring can begin directly with special webcam sites, an example of which is given in paragraph 1 of Chapter 1, however, due to the large cluster of data, the search for general parameters becomes ineffective.

The second stage logically continues the first. Fixing domain names, as well as using special software for video capture of the screen is the only possible way to collect primary data about the events of the crime. It is also noted that all broadcasts are conducted for a limited time without the ability to view a replay of the content. This determines the specifics of efficiency for timely documentation of the activities of the ORO on this fact.

Currently, the subsystem "remote fraud" is used, but the concretization of the scope of application and the ability to record only "information from the moment of registration of the message" do not allow using this program with the necessary efficiency in relation to illegal activities related to "webcam" [14].

The primary capture of IP addresses of technical devices conducting the broadcast is assumed. Particular attention is drawn to the fact that all.onion users use VPNs that provide network connection through intermediary servers, the number of which starts from three. Therefore, the primary fixation of the IP address will allow you to take a digital trail for further prosecution.

The international police system "Interpol" has laid the basis for the interaction of national representations on the investigation of crimes. However, at present, the system covers a limited list of interactions and does not imply conducting digital harassment at the IP addresses of intermediary servers. Meaning that the phenomenon of "webcam" covers the entire world space, including the CIS.

The introduction of digital crime detection software would create the possibility of effective investigation of many types of crimes, including illegal acts, regarding the phenomenon of "webcam". Tracing by specialists of national representative offices of the digital footprint on their territory will reduce the energy consumption when carrying out search activities, by specialists of the state that issued a request to search for an IP address (forced penetration into the protocols of intermediary servers located abroad).

Based on the above material, it is proposed:

To develop a methodological guide for a police officer to search for a primary digital footprint in a limited time on -.onion and telegram spaces;

To develop a methodical manual for a police officer to record all the circumstances that make it possible to establish the event of a crime; the guilt of a person in committing a crime, the form of his guilt and motives; the circumstances that contributed to the commission of a crime using specialized software for capturing a video image of the screen;

To develop and implement in the NCB "Interpol" software for interaction on tracking digital traces on request.

The study of the phenomenon of "webcam" conducted within the framework of this work allows us to draw conclusions about the expedient use of innovative implementations and developments by law enforcement agencies. At the same time, the use of innovations in Russian legislation (due to the entry into force of the Federal Law "On Experimental Legal Regimes in the field of digital Innovations in the Russian Federation" dated 31.07.2020 No. 258-FZ, based on paragraphs 4-5 of Part 2 of Article 1) naturally promotes the idea of the possibility of introducing the phenomenon of "webcam" into the legal sphere as an independent phenomenon.

A theoretical analysis and study of judicial practice regarding the criminal legal characteristics of the phenomenon of "webcam", as well as a practice-oriented analysis of the technical and organizational state, established the following:

1. The use of relevant image search methods using search neural networks makes it possible to establish the identity of the webcam model with a high degree of probability for further collection and search of information necessary for the investigation of illegal acts;

2. The use of cryptocurrencies in the activities of webcam studios is a priority for the further development of the phenomenon of "webcam", however, it creates the futility of further mechanisms of interaction with banking systems and tax services due to their circumvention;

3. The person who made this recording, i.e. the member or the administrator of the website or studio, is subject to criminal liability for recording (recording) on a tangible medium or "cloud" storage of the online broadcast of the webcam;

4. A person who conducts an online webcast without recording (fixing) is not subject to criminal liability.

Based on the scientific method established in the study, the author suggests:

1. To establish the moment of the commission of the crime (webcam broadcast) not from the moment of fixation on a tangible medium or "cloud" storage, but from the moment of the beginning of the demonstration to an unspecified person or circle of persons of the contents of the webcam performance using mass media, including information and telecommunication networks (including the Internet) through special platforms for "webcam", since the criterion of public danger does not disappear, and therefore it is necessary to finalize the criminal law;

2. To consider the phenomenon of "webcam" in relation to other articles of the criminal law aimed at countering illegal business activities and legalization (laundering) of funds or other property (Articles 174 of the Criminal Code of the Russian Federation and 174.1 of the Criminal Code of the Russian Federation);

3. To develop a methodological guide for a police officer to search for a primary digital footprint in a limited time on -.onion and telegram spaces;

4. To develop a methodological manual for a police officer to record all the circumstances that allow to establish the event of a crime; the guilt of a person in committing a crime, the form of his guilt and motives; circumstances that contributed to the commission of a crime using specialized software for capturing a video image of the screen;

5. To establish a number of international agreements aimed at the legal regulation of the activities of "webcam", for a uniform qualification, mechanism for the disclosure and proof of related crimes;

6. To develop and implement in the NCB "Interpol" software for interaction on tracking digital traces on request.

References
1. Evseeva Ya.V. Intimacy in the age of the Internet // Social and humanitarian Sciences. Domestic and foreign literature. Ser. 11, Sociology: An abstract journal. 2020. No. 4. pp. 36-52. URL: https://cyberleninka.ru/article/n/intimnost-v-epohu-interneta (accessed: 04/10/2022).
2. Zhmurov D.V. Darknet as an elusive sphere of legal regulation // Siberian Criminal procedural and criminalistic readings. 2020. No. 1 (27). pp. 89-97. URL: https://cyberleninka.ru/article/n/darknet-kak-uskolzayuschaya-sfera-pravovogo-regulirovaniya-1 (accessed: 01.04.2022).
3. Smirnykh, S. E. International cooperation in the fight against corruption as a guarantee of preventing child trafficking / S. E. Smirnykh // Russian Justice. – 2020. – No. 12. – PP. 16-19. – ISSN 0131-6761.
4. Niels van Doorn, Olav Velthuis A good hustle: the moral economy of market competition in adult webcam modeling // Journal of Cultural Economy. 2018. No. 11 (3). pp. 177-192. URL: https://www.tandfonline.com/doi/full/10.1080/17530350.2018.1446183
5. Official website of the SpankChain project. URL: https://spankchain.com / (accessed: 02.04.2022).
6. Zara Stone How SpankChain, An X-Rated Blockchain, Wants To Be Porn Stars Go-To Cryptocurrency / Zara Stone. Forbes Advertisement, 2017. URL: https://www.forbes.com/sites/zarastone/2017/10/25/how-spankchain-an-x-rated-blockchain-plans-to-provide-pornstars-with-better-payment-plans/?sh=60ec13173659 (accessed: 01.04.2022).
7. Federal Law "On Experimental Legal Regimes in the Field of digital innovations in the Russian Federation" dated 31.07.2020 N 258-FZ URL: http://www.consultant.ru/document/cons_doc_LAW_358738 / (accessed: 04/20/2022)
8. Zazirnaya, M. M. Qualification of the distribution of pornographic video materials in real time using the Internet / M. M. Zazirnaya // Criminal Law. – 2015. – No. 6. – pp. 16-22.
9. Sharapov, R. D. Qualification of crimes related to illegal trafficking of pornographic materials and objects / R. D. Sharapov // Legality. – 2021. – ¹ 8(1042). – Pp. 43-48.
10. Khromov, E. V. Boundaries of other sexual acts / E. V. Khromov // Legality. – 2021. – ¹ 1(1035). – Pp. 40-44.
11. Sharapov, R. D. Qualification of crimes related to illegal trafficking of pornographic materials and objects / R. D. Sharapov // Legality. – 2021. – ¹ 8(1042). – Pp. 43-48.
12. Rozhkova, M. A. Law in the field of the Internet: Collection of articles / Responsible editor M.A. Rozhkova. – Moscow: LLC "Publishing House "STATUTE", 2018. – 528 p. – (Analysis of modern law). – ISBN 9785835414178.
13. Bersenev, E. V. The relation of the criminal law of the Russian Federation to the phenomenon of "webcam" / E. V. Bersenev // Issues of Russian Justice. – 2021. – No. 15. – pp. 485-491.
14. Zhdanov, Yu. N., Ovchinsky V. S. Cybermafia as an object of operational investigative influence / Yu. N. Zhdanov // Operational investigative activity in the digital world. – 2021. – p. 36-48.

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The subject of the study is various aspects of the identification and prevention of illegal activities of persons organizing and participating in the phenomenon of webcam. Considering that webcam business is a new phenomenon in world reality, the article has sufficient signs of relevance, and the methodology is based mainly on practical aspects. At the same time, the author applies theoretical knowledge. In the course of the work, methods of analysis, synthesis, modeling, deduction, induction, as well as the comparative legal method are used. The scientific novelty consists in the author's vision of the complex of problems associated with the regulation of webcams. The style of the article is scientific in nature and meets the requirements for scientific articles. The structure of the article includes an introductory part, the main and the final, in which the author presents his conclusions and suggestions. The author notes that the Webcam industry is a new interpretation of the provision of intimate services in the digital space. The development of information technologies and their large-scale dissemination among the population of countries has made it possible to actively introduce the phenomenon of Webcams into a mass commercial enterprise. With the beginning of the "third wave of webcam development" (the first is the adopted Western experience, the second is a leap in the interest of Russian youth in "fast" money) associated with the COVID–19 epidemic, interest in this phenomenon has increased. In the framework of this study, the author considers webcam as a phenomenon that relies on two basic elements: special webcam sites and electronic payment systems (as well as banks) to ensure payment for services. In addition, let's consider an additional element presented in the form of image search engines (correlation of a person's face). The author rightly notes that modern information technologies have made it possible to organize video communication between the model and the member on the terms of personal confidentiality and personalization of the content provided, as a basic element of the work. Also, through special sites that have open access (with age confirmation in the form of a "tick"), payment for the model's services is organized, as well as the transfer of these funds to banks for further cashing out. One of the author's suggestions is the need to make decisions for further criminal prosecution and proof, as well as the moment for transmitting the results of operational investigative work for inclusion in a criminal case (the stage of initiation of a criminal case, preliminary investigation, or trial on the basis of the Order of the Ministry of Internal Affairs dated September 27, 2013 No. 776 "On approval of Instructions on the procedure for submission the results of operational investigative activities to the body of inquiry, investigator or to the court" and in accordance with Article 11 of Federal Law No. 144-FZ of August 12, 1995 "On operational investigative activities". Other suggestions of the author are also of interest, for example, the author proposes to develop a methodological guide for a police officer to search for a primary digital footprint in a limited time on.onion and telegram spaces; to develop a methodological guide for a police officer to record all the circumstances that allow to establish the event of a crime; the guilt of a person in committing a crime, the form of his guilt and motives; circumstances that contributed to the commission of a crime using specialized software for capturing video images of the screen; to develop and implement software in the NCB "Interpol" for interaction on tracking digital traces on requests, etc. The bibliography consists of 14 relevant sources. The article is of interest to readers from the scientific field, practical areas, and may also be of interest to a wide readership. I recommend publishing the submitted article.